Korgaonkar K A
Ba,llb,mpm,dir&pm,dll&lw,d.cyber
Tajsateesh
Recruitment/talent Acquisition, Career Counselling
Anita P Panicker
Sr Hr Executive
V. Balaji
Ir & Hr
Employment Lawyer
Lawyer & Consultant
K_roy
Head Administration
+6 Others

Thread Started by #ram2hr

Dear All,
It was Road Accident Near Hoskote, Bangalore where private Bus and Ksrtc Bus met with an Accident and more than 15 Passengers were died including 4 of our Employees, There was presence of Labour Minister, Labour Commissioner, Deputy Labour Commissioner and Labour Inspector at the hospital when the postmodern bodies were given
I am back with a big issue revolving....It's an Emergency kindly help me out in getting the maximum benefit for Employees who died in an accident who belongs to contract in our company as a principal employer we arranged funeral expenses and Ambulance Expenses apart from that we need them to compensate all these employees cover under ESI kindly suggest
Regards,
Ramkishore
6th December 2012 From India, Bangalore
Hi,
Please go through this link
http://www.team-bhp.com/forum/everyt...-accident.html
Regards
Anita
6th December 2012 From India, Mumbai
Dear mr. Ram kishore its a sad news but if u want to know abt the full benefits then plz call me on my cell number i will help u as much my knowledge. Thanks pawan bhatia 09812585353
7th December 2012 From India, Bahadurgarh
Hi Ram, The news is shock, express my deep condolence. Please call me, I can surely guide you on this. Kalyan Roy 09008444824
7th December 2012 From India, Pune
You can call me on 09961266966 as all details cannot be posted with the given data. Varghese Mathew
7th December 2012 From India, Thiruvananthapuram
Hello Everyone,
While joining others to condole the incident, it's also nice to see offers of Direct help from the members.
I guess that's what makes CiteHR DIFFERENT.
@ Ramkishore--I am sure you will get the right & accurate advice from the members.
All the Best.
Rgds,
TS
7th December 2012 From India, Hyderabad
First of all, You need to be cleared of few issues,

1) As you have mentioned this is a road accident between the two vehicles, as to be noted they are "maintained by the governmental authority"

2) Those "four People" were working in your company, hence "for you" they are employees

3) They were not under the employment when the accident took place, if you may know what I intend here, "during the employment".... If they were considered to be under employment, there is nothing to discuss as that will be followed accordingly with the employment laws....

4) it is a public incident took place which has affected the public unfortunately including your employees,

5) when it is the public incident, it is obviously goes to the responsibility of the governmental authorities...

6) And,. I shall say that the law has no partiality and no emotions, hence even your employees will be treated equally with other public or individual victims...

Hence, what ever the compensation the authority fixes or may be the judiciary if considered, the four employees also would be getting the same compensation or damages and no partiality may be observed...

7) coming to the compensation through the employer/the company, the employment laws are clear on those aspects......

If you feel the employer owes/or may feel for, more liability, and willing to pay the victims more than that of fixed under related laws, rule of the law is that, they are absolutely encouraged under law, as per the law, no less can be paid but any more than fixed under laws is not curtailed if paid voluntarily.... (for eg,: if it is fixed Rs. 50/- you can not pay less than that but if you pay Rs. 60 laws has no objections, you can pay any amount more than 50/-)

For the purpose of justice the case will already be recorded and the investigation would already have been being taking place..... And you may put up an application on behalf of all the victims for more compensation or damages, and this is the only good step any could take as per law...... for which you may proceed even to the courts of law taking up the matter.......



Hence, I believe, the above explanation would help you to the reasonable extent..... if you have any further issues you are always encouraged and we may discuss them.......
7th December 2012 From India, Bangalore
BSSV has raised the right questions for you to analyse your situation right now, more importantly now you should be worrying about the criminal cases that may be filed by the Labour department against your MD, directors etc, under various provisions that provide such action. Do not waste your time thinking how can that be possible. What you need to do is watch out for police trying to act on these complaints against your higher officials. You need to get in touch with a labour lawyer who can handle such situation. This may not look appropriate to say in normal times but at the give emergency I need to inform you that we / our team have handled such situations all these years, given your situation it needs pre-emptive action from your side. We are available for your help, please do communicate in case of further action.
Regards,
HANSI
9341263271
7th December 2012 From India, Chennai
at the time of accident they were on duty means they are coming to factory or doing any work of factory? if yes then they need to follow as per our employment act
but if they were not on duty then company cannot do anything just they can give the sum of amount as goodwill to employees
for more details contact
9676771014
Regards
ALAM
8th December 2012 From India, Hyderabad
We pray that his Soul may rest in peace and may GOD give more strength to their familys in this hard time. Realy good suggestions from members !
8th December 2012 From India, Mumbai
Thank you So much Anita, Kalyan Roy, Varghese Mathew, & Rajiv for your immediate replies and Special Thanks for pawan bhatia to suggest me some welfare for the Employees who were dead over by phone & TS...
8th December 2012 From India, Bangalore
1. Definitely i agree with you Completely that it was Road Accident but unfortunately they were travelling from work place to their home so the responsibility of the employer will be...

2. For us they are Employees and Even for the peoples who talk about the accident will mention the 4 Employees in our company are dead because this was major accident where the Labour Minister himself told he will be looking this so seriously and took some preventive steps....

3. Yeah they were not in employment i mean inside the factory but they were returning to Home (So the accident report has been submitted to ESIC)

4. Absolutely...

5. Yes the Ultimate responsibility falls on the head of Government and the Private Bus we have lodged a complaint against the private Bus owner and with insurance he is giving compensation to the death Passengers and Government has announced some compensation for the family members who died in the accident

6. For that we are insisting ESIC for Compensation and compensation from the labour welfare fund...

7. It was so Touching by your seventh point i Second you BSSV for this point......:):)

We have already taken care of Funeral Expenses for employees who are died and we paid the Ambulance Amount and we are following it up with ESIC, EPFO, and Labour Welfare Fund to get the maximum out what we can for them....
8th December 2012 From India, Bangalore
Thank you Hansi for giving a caution call But Already due to my Good rapport in Labour Office and Contractors we were safe from the situation all our MD/Directors/Myself/Staff/Employees/Contractors were present at the Hospital where the Postmodern bodies were hand overed for their family members we all empathized/Sympathized their family members and we were part of their sadness..........
Apart from this Some relatives of the died employees were demanding for Compensation so we made it clear to them and we all attended their Funeral......:(:(
8th December 2012 From India, Bangalore
Hello Ramkishore,
There are a few aspects that come out VERY GLARINGLY in this thread.
1] Your company as well as your employees/colleagues can really relax with someone like you in HR--seriously.....no pun intended pl.
2] The level/quality of advice--and more importantly, 'timely' advice--being given by the members only validates/corroborates the positive reputation that CiteHR has built-up over the years.
3] And I guess, this only raises the bar of responsibility of the members to maintain & further enhance the quality of interaction--both in terms of solutions/suggestions & timeliness--in the future.
All the Best.
Rgds,
TS
8th December 2012 From India, Hyderabad
When road accdients happen within the radius of 1.5 Kms from the workplace, this would be construed to be "arising out of employement". I remember some case laws on this. Let me check, whether I could elicit. In that case, the immediate employer (contractor) will be responsible for compensation. Principle employer will be made as party as he has vicarious responsibility. All these things would be possible only when it is provided the accident happened within that vicitinity.

Otherwise, as this is purely involvement of two vehicles, the victims will be treated as one among the public. The immediate employer / Principle employer will have no say in this. However, since they worked with the organization, probably, on humanitarian ground, the Principle employer may take part in their greif by paying some amount from their exchequer. Even employees can contribute their one day salary or something, to ease help in the crisis. Legally Labour office cannot bind the contractor / employer, if so.

I suggest, there is a policy available with "The New India Assurance", (or any such insurance). Formerly it was known as "Nagrik Suraksha" policy, now being referred as Group Personal Accident Policy. The premium works out to Rs.900/- per annum per employee. This is a named policy covering any risk arising out of any accident. In case of any eventuality the legal heirs of the victim get Rs.8.00 or little above as accidental benefit. In case of any injury, there is coverage to the extent of Rs.1.0 lac or Rs.2.0 (as we want). This wil take care of fracture, motorbike skidding. One more thing. When I say accident it also covers an accidental fall in the bath room and fractures his leg or arm. It is 24 hours coverage. It is a small amount, probably, your organization can look for such protection. Try !

V. Balaji
8th December 2012 From India, Madras
Dear Friend,

At the outset, I too join in sending my condolences to the departed souls. As my friend BSSV suggested, the accident took place out of the employment. Hence, they will not get in any benefits from ESI. However, the legal heirs can claim the funeral benefit of Rs. 10000/- from the concerned local office. Kindly get in touch with the local office Manager.

There is some decisions, if your employees had been travelling on duty, or if they are on the way to work, you can take up the issue with the ESI authorities. In such cases, you have to send the Accident Report in Form No. 12 to the local office concerned. Kindly do check with the ESI Manager of the local office.

As a gesture your Management or the contractor can help their families whatever the way is convenient to you. As a principal employer you do not have any obligtion under labour law. On humanitarian consideration, if you provide some financial help or a job to the member of their family will go a long way in alleviating their sufferings.

Always wise heads prevail.

G.K.Manjunath,

Sr. Manager-HR
8th December 2012 From India, Bangalore
Hello Friend, Condolences for the families of the deceased. a very sad one. Good that as an employer you have concern for them.
As this forms part of vicarious liability as per law of torts, it is constructed that the employee is at work place until they reach their home as per number of case laws. It is suggested to meet the labour department officials and discuss with them in such circumstances what is the best solution as they would have handled numerous cases every day across the state.
First thing is to speak to the household of the dead, work towards fast settlement of PF and ESI benefits for the nominees.
Feel free to call me anytime for more details.
Regards,
Shama Sundar
Advocate and Labour Law Consultant
94814 27154
8th December 2012 From India, Bangalore
Dear Ram Kishore ji,

First of all, I express my deep condolence for families of victims.

You being an employer or principal employer wish to help the families of victims in getting the maximum benefit for Employees who died in an accident.

You said that all the victims are covered under ESIS. I believe they are also covered under EPF.

You have not mentioned whether the victims were commuting from their house to place of work or from place of work to their house. This is very importance factor for applying notional extension for claim compensation under ESIS and under Employees’’ Compensation Act 1923.

Since the employees are covered under ESIS, you are not liable to pay compensation under the Employees’ Compensation Act 1923.

You need to help the families of victims in getting the compensation under ESIS scheme such as funeral expenses and Dependant's benefit. You need to help the families of victims in settlement of EPF dues including pension and Insurance under EDLI. You need to pay Gratuity under the Gratuity Act.

The compensation claim under road accident are settled under Motor Vehicles Act, 1988, The police officer under whose jurisdiction the accident occurred is required to forward the report to the Motor Accidents Claims Tribunal (MACT) within 30 days and the Claims Tribunal considers such report as an application for compensation. You need to help the families of victims to get this compensation.

God bless you for helping the families of victims. Kindly share your experience and knowledge gained in settling these issues.

Thanks and regards.

Keshav Korgaonkar
9th December 2012 From India, Mumbai
Dear All,

After my reply to Mr. Ram Kishore ji as above, now I wish to draw the attention of you all to the Section 53 of ESI Act which deals with a Bar against receiving or recovery of compensation or damages under any other law.

This bar is against receiving or recovery of compensation or damages from the employer and not from stranger to the contract of employment, according to a Division Bench of the Kerala High Court consisting of Justice R Basant and Justice C T Ravikumar.

A claim for compensation in tort against a stranger can co-exist with a claim for benefits under the ESI Act. The expression “any other person” in Section 53 of the ESI Act does not take in a stranger who by his negligence caused the accident. The expression takes within its weep only such other person who is sought to be made liable under or on the basis of the contract of employment to compensate the employee for the employment injury suffered by him. If an injury is suffered in a motor accident and such injury is also an employment injury the Section 53 does not bar the claim in tort under Section 166 of the Motor Vehicles Act against a stranger or tort-feasor; but it bars the claim against the employer under any other law, including the Motor Vehicles Act.The insurance coverage under the ESI Act is in addition to and not in substitution of the other remedies against a stranger (to the contract of employment), the Bench ruled.

This is for your information and further discussions.

Thanks and regards.

Keshav Korgaonkar
9th December 2012 From India, Mumbai
First up all do not get panic. The following will give answer to your query.
1)Whether the employees were returning or coming to attend duties? If answer is yes, it is vicarious responsibility of the employer to pay legal dues.
2) In case answer to above question is No,whatever help your company has provided wi;l fall under social responsibility.
10th December 2012 From India, Mumbai
Dear All,
Further to my inputs on section 53 of ESI Act which deals with bar against receiving or recovery of compensation or damages under any other Law and quoting a case law of Divn. Bench of Kerala HC, I now wish to draw your kind attention to recent Judgment of SC ( LLR SC 295 ) which says, accident compensation received under ECA will be adjusted under MVA.
This Judgment is reported in LLR March 2013. Kindly view my posting at:
<link no longer exists - removed>
3rd March 2013 From India, Mumbai
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